What is the right of a wife divorced before consummation if the dower (mahr) was stipulated after the marriage contract?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the dower (mahr) is stipulated for the wife after the contract, and she is divorced before consummation (dukhul), she is entitled to half of the stipulated dower. She has no right to *mut'ah* (consolatory gift). This ruling is supported by Ibn Umar, 'Ata, Al-Sha'bi, Al-Nakha'i, Al-Shafi'i, and Abu Ubayd. The evidence for this is the statement of Allah Almighty: {And if you divorce them before you have touched them and you have already stipulated for them a portion, then [give them] half of that which you stipulated} [Quran 2:237]. Furthermore, the stipulated dower is established (mustaqirr) by consummation; thus, it is halved by divorce prior to consummation, similar to a dower explicitly named in the contract.

Supporting text

There is an opinion narrated from Ahmad, aligning with Abu Hanifa, that she is entitled to *mut'ah* and the dower claim is nullified. This is because the marriage was concluded without a specified dower, necessitating *mut'ah*, just as if no dower had been stipulated at all.